How a
Veterans Disability Attorney Can Help You Get the Benefits You Deserve
The process of obtaining
veterans disability benefits can be overwhelming. A qualified veterans disability lawyer can guide you from beginning to end.
It's important that you find an attorney that only handles disability law and these cases at all levels of appeal. This ensures you're receiving the best representation.
Appeals
If the VA rejects or doesn't accept a claim, the spouse of the deceased may appeal. Even the simplest disability claims can complicate this complex and time-consuming procedure. A veteran disability lawyer can assist you in understanding your options and help you get the benefits you deserve.
A common reason why people have to file an claim for disability is because they are not content with their disability rating. In this situation, the lawyer can ensure that the evidence is there to support a valid rating based on a disabling condition that is caused or exacerbated by military service.
Another reason for people to require a veteran disability lawyer is because they've waited too long to receive their benefits. The lawyer can assist in determining the missing documents and submit a request the VA for those records.
A lawyer for veterans' disability can also take away the burden of dealing directly with the VA. This will give you time to concentrate on your health and any other obligations you have. Some lawyers are veterans themselves which can give them a unique empathy with their clients and increase the stakes in their cases. This could make a significant difference in the outcome of the appeal.
Higher-Level Reviews
Since the Veterans Appeals Improvement and Modernization Act of 2017 (AMA) Veterans have more options to appeal when they disagree with VA decisions on their claims. The Higher-Level Review is a decision review option that permits a senior reviewer to examine the same evidence presented in the original claim and then make an entirely new decision in the case. The senior reviewer is able to confirm or reverse the previous decision to rate.
A veteran or their representative may ask for an informal meeting to discuss the matter with the senior reviewer. However, only one conference is permitted. For this meeting it is essential to prepare and present your case's information in a clear manner. An attorney who is specialized in veterans ' disability can help you prepare and participate at the informal conference.
Higher-level reviews are usually used to correct mistakes by the reviewer who was earlier in a disability claim for example, mistakenly interpreting evidence or committing errors in the law. The senior reviewer may alter the previous decision made on the same claim to correct these kinds of mistakes however only if the modifications are beneficial to the applicant.
A hearing at a personal level can be scheduled for the claimant in the wake of the review at a higher level. This gives the claimant to meet the person who is reviewing their case and explain the arguments. A veterans disability lawyer can assist with determining whether it is required to request a personal hearing, as well as making and presenting the evidence at the hearing.
Notice of Disagreement
You may file a complaint within one-year of the date the local office issued the original denial letter. The VA will review your case again and issue a Statement of the Case.
If you want to file a dispute to file a dispute, you must use VA Form 21-958. An attorney for disabled people can help you complete the form in a way that is effective in appealing the decision. It is not necessary to list every reason why you are not with the decision. However it is best to be specific in order that the VA can understand exactly what you believe to be wrong. Your attorney can help you decide the evidence you should include in the NOD. This could be statements from medical professionals, or results of diagnostic tests.
If your appeal is denied at this stage, then you can request that it be reviewed by a senior judge through an Higher Level Review. This process could take up to 25 months and you should be in contact with your lawyer at all times. If the VA rejects your claim, your lawyer can request an appeal before an Veterans Law judge to present testimony and other evidence in person. Your attorney will prepare your check should your claim be approved.
Statement of the Case
Congress has passed many laws to ensure
veterans receive compensation for illnesses, injuries, and other ailments they've suffered during their time of service. But the VA is a massive bureaucracy that is easy to get lost in the system. A veteran disability lawyer can help applicants navigate the system and provide the needed assistance.
Once a veteran files a Notice of Disagreement to his or local VA office, the VA must conduct an investigation into the case. This includes examining the laws, regulations and the evidence used to make the initial decision. This includes looking over the medical records of the veteran and in the event of a need, lay statements. The VA must send the claimant a Statement of Case that includes a list of all evidence that it has looked over.
The statement should be written in plain language and provide the reasoning for the decision, including the interpretation of the law and regulations which affect the case. It should address the allegations made by the claimant in the NOD.
The Statement of the Case is typically mailed to the veteran within 120 days of the date on which the NOD was filed. Due to the VA backlog, it may take the agency longer to issue the document. If you are a veteran appealing a decision on your rating or claim for benefits, contact a veterans disability lawyer from Fusco, Brandenstein & Rada, P.C.